1. Introduction

Welcome to RealtyCMS (“the Website,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the Website, including any content, features, products, or services offered.

1.1 Agreement to Terms

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please contact us before continuing to use the Website.

1.2 Parties to the Agreement

These Terms establish a contractual relationship between you and the Company. You represent and warrant that you have the legal authority to accept these Terms on behalf of yourself or any entity you represent.

1.3 Description of Services

Our Services may include, but are not limited to, providing access to our website, online content, software applications, and other products or services. The specific details and features of the Services will be described on our website or other communication channels.

1.4 Changes to Terms

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Website. We may also notify you through email or other means of communication.

By continuing to use the Website after the revised Terms have been posted or notified to you, you are indicating your acceptance of the updated Terms. It is your responsibility to review the updated Terms periodically. If you do not agree with the revised Terms, you should discontinue using the Website.

2. Intellectual Property Rights

2.1 Ownership of Content

All content, materials, trademarks, logos, and intellectual property displayed or made available on the Website are the property of MeetKOL Pty Ltd or its licensors. These materials are protected by copyright, trademark, and other intellectual property laws.

2.2 Use of Content

You may only use the content on our Website for personal, non-commercial purposes. Any unauthorized use, reproduction, modification, distribution, or display of our content is strictly prohibited without prior written consent from MeetKOL Pty Ltd.

3. User-Uploaded Content

3.1 Ownership of User-Uploaded Content

By uploading or submitting any content to the Website, you retain ownership of your intellectual property rights in that content. We do not claim ownership over any user-uploaded content.

3.2 License Grant

By uploading or submitting content to the Website, you grant MeetKOL Pty Ltd a non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display the content for the purpose of providing and promoting our products or services. This license extends to any necessary sub-licenses and allows us to host, store, and transmit user-uploaded content.

3.3 User Responsibility

You are solely responsible for the content you upload or submit to the Website. By uploading or submitting content, you represent and warrant that you have all necessary rights, licenses, and permissions to do so, and that the content does not infringe upon the intellectual property rights or any other rights of any third party.

4. Disclaimers and Limitations of Liability

4.1 Use at Own Risk

Use of our services is at your own risk. We provide the services on an “as is” and “as available” basis. We make no warranties or representations, express or implied, regarding the quality, accuracy, reliability, or completeness of the services.

4.2 Service Availability

7.2.1 We strive to provide a reliable and uninterrupted service. However, please note that the availability and performance of our service may be influenced by factors beyond our control, including but not limited to the performance and availability of third-party services on which our service relies.

4.2.2 We rely on the services and infrastructure provided by Amazon Web Services (AWS) for the hosting and delivery of our service. Additionally, we may utilize other third-party services for various aspects of our service, such as authentication, payment processing, or data storage.

4.2.3 While we make every effort to integrate and utilize reliable third-party services, we are not responsible for any interruptions, disruptions, or limitations in service caused by issues with these third-party services. This includes, but is not limited to, hardware failures, network outages, software vulnerabilities, or changes to the third-party service’s terms and conditions.

4.2.4 We will make reasonable efforts to communicate any known disruptions or limitations caused by third-party services to our users. However, we cannot guarantee uninterrupted access to our service at all times due to factors beyond our control.

4.3 Third-Party Services

Our services may integrate or provide links to third-party services or websites. We are not responsible for the availability, content, or actions of these third-party services. Your use of third-party services is subject to their respective terms of service and privacy policies.

4.4 Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the services, whether based on contract, tort, negligence, strict liability, or any other legal theory.

5. Payments, Subscription, and Account Management

5.1 Subscription Plans

We offer Software as a Service (SaaS) subscription plans for the use of our services. By subscribing to a plan, you agree to pay the associated fees according to the selected billing frequency (monthly, annually, etc.).

5.2 Fee Non-Refundability

All fees paid for subscription plans are non-refundable. Once a payment is made, it will not be refunded, in whole or in part, regardless of whether you actively use our services.

5.3 Modification of User Seats and Licenses

As a customer, you have the flexibility to modify the number of user seats and licenses associated with your subscription plan. You can increase or decrease the quantity at any time during the subscription period.

5.4 Payment and Billing Cycle for Modifications

Any modifications made to user seats and licenses will be reflected in the subsequent billing period. If you increase the quantity, the additional fees will be charged for the upcoming period. If you decrease the quantity, the reduced fees will apply from the next billing period.

5.5 Cancellation Policy

You have the option to cancel your subscription at any time. Upon cancellation, your subscription will be terminated, and you will not be charged for any subsequent billing periods.

5.6 Effective Date of Cancellation

Please note that the cancellation will take effect from the next billing period. You will continue to have access to our services until the end of the current billing period for which you have already made payment.

5.7 No Refunds for Cancellations

Cancellation of your subscription does not entitle you to a refund for any fees already paid for the current or previous billing periods. The cancellation only prevents further charges from being applied.

5.8 Payment Processing

We use Stripe, a third-party payment service provider, to process payments for our subscription plans. When making a payment, you will be redirected to the secure payment gateway provided by Stripe. We do not collect or store any of your payment information, such as credit card details. All payment transactions are securely processed by Stripe, and their terms and conditions apply to your payment.

5.9 Late or Denied Payments

In the event of a late or denied payment, we understand that there may be circumstances beyond your control. We strive to work with our customers and provide assistance to resolve any payment issues.

5.10 Payment Reminders

If a payment is late or denied, we will make reasonable efforts to notify you by sending payment reminders through any communication channels associated with your account. These reminders will serve as a courtesy to ensure that you are aware of the outstanding payment.

5.11 Fee Changes

We reserve the right to modify or change the fees for our subscription plans at any time. Any changes to the fees will be effective upon posting the updated fees on the Website or as otherwise notified to you. By continuing to use our services after the fee changes have been implemented, you acknowledge and agree to the new fees. It is your responsibility to review the current fees before making any new purchases or renewing your subscription.

5.12 Communication and Resolution

Our customer support team may also reach out to you directly via phone call to discuss the payment issue and explore potential solutions. We value open communication and aim to find mutually beneficial resolutions to payment problems.

5.13 Account Suspension

We will not suspend your account immediately due to a late or denied payment. Instead, we will provide a grace period during which you can resolve the payment issue. The duration of the grace period will be determined on a case-by-case basis, taking into consideration factors such as the nature of the payment failure and your payment history.

5.14 Termination of Account

If payment is not received or resolved within the specified grace period, we reserve the right to suspend or terminate your account in accordance with our terms and conditions.

6. User Obligations

6.1 Compliance with Terms

By using our services, you agree to comply with these Terms and Conditions, as well as any additional guidelines or policies provided by us.

6.2 Accurate Information

You are responsible for providing accurate and up-to-date information when creating an account or making a purchase. This includes personal information, billing details, and any other information required for the use of our services.

6.3 Account Security

You are responsible for maintaining the security of your account login credentials, such as usernames and passwords. You should not share your account information with others or allow unauthorized access to your account.

6.4 Prohibited Activities

You agree not to engage in any activities that are prohibited by law or violate our terms, including but not limited to:

• Unauthorized access or use of our services or any related systems or networks.

• Attempting to interfere with the proper functioning of our services or disrupting the experience of other users.

• Engaging in any form of fraudulent, abusive, or harmful behavior.

• Uploading or distributing any content that infringes upon intellectual property rights or violates the rights of others.

• Using our services for any illegal purposes or in a manner that violates applicable laws or regulations.

• Engaging in any activities that could cause damage to our reputation or the integrity of our services.

6.5 Payment Obligations

You are responsible for timely payment of all fees associated with your subscription plans or purchases. Failure to make payment may result in account suspension or termination, as outlined in the Payments and Account Suspension section.

6.6 Compliance with Laws

You agree to comply with all applicable laws and regulations when using our services. This includes but is not limited to laws related to privacy, data protection, intellectual property, and export controls.

6.7 Cooperation with Investigations

In the event of any investigation or dispute regarding your use of our services, you agree to cooperate fully and provide any necessary information or documentation as requested by us.

6.8 Reporting Violations

If you become aware of any violations of these Terms and Conditions or any suspicious or unauthorized activities related to our services, you agree to report them to us promptly.

7. Indemnification

7.1 Indemnity Obligations

8.1.1 You agree to indemnify and hold us and our affiliates, directors, officers, employees, and agents harmless from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Your use of our services; (b) Your violation of these terms and conditions; (c) Your violation of any third-party rights, including but not limited to intellectual property rights or privacy rights; (d) Any content or information you submit, post, transmit, or make available through our services; (e) Any unauthorized access to or use of our services or any breach of security related to our services; or (f) Any act or omission by you that causes harm to us, other users, or any third party.

8.1.2 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate with our defense of such claims.

7.2 Notification of Claims

7.2.1 In the event of any claims, demands, or legal proceedings arising out of or relating to your use of our services, you agree to promptly notify us in writing. The notification should include all relevant details of the claim, demand, or legal proceeding, including but not limited to the nature of the claim, the parties involved, and any supporting documentation.

7.2.2 We reserve the right to participate in the defense of any such claim, demand, or legal proceeding at our own expense. However, we shall have no obligation to do so and may choose to handle the matter at our sole discretion.

8. Feedback and Contact

8.1 We value your feedback

We are committed to providing the best possible experience for our users. Your feedback is valuable to us as it helps us understand your needs and improve our services. We encourage you to share your thoughts, suggestions, and concerns with us.

8.2 Contact Methods

You can reach us through the following contact methods:

• Phone: You can contact our customer support team by phone at +61 451 998 288. Our support representatives will be available during our business hours to assist you.

• Email: You can send us an email at martin.ma@meetkol.com. Please provide a detailed description of your feedback so that we can address it appropriately. We strive to respond to all emails within Mon.-Fri.: 9:00am-5:30pm.

• Online Form: We have an online feedback form available on our website. You can visit Contact Us and navigate to the “Contact” or “Feedback” section to access the form. Please fill in the required fields and provide as much detail as possible in your feedback submission.

8.3 Feedback Processing

Once we receive your feedback, we will review it carefully and take any necessary actions. While we cannot guarantee specific outcomes or changes, we assure you that we will give your feedback the attention it deserves.

8.4 Privacy of Feedback

We treat all feedback received with utmost confidentiality and respect your privacy. Your feedback will be used solely for the purpose of improving our services and will not be shared with third parties without your consent, unless required by law.

9. Governing Law and Jurisdiction

9.1 Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of laws principles.

9.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, interpretation, performance, breach, or termination, shall be settled through negotiation between the parties. If the parties are unable to resolve the dispute through negotiation within a reasonable time, either party may initiate legal proceedings.

10. Miscellaneous

10.1 Entire Agreement

This Agreement, including any additional terms and conditions or policies incorporated herein by reference, constitutes the entire agreement between you and us regarding the subject matter herein and supersedes all prior or contemporaneous communications, understandings, and agreements, whether oral or written, between you and us relating to such subject matter.

10.2 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

10.3 Assignment

You may not assign or transfer any rights or obligations under this Agreement without our prior written consent. We may assign or transfer this Agreement, in whole or in part, without restriction or notification to you.

10.4 Waiver

The failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if it is in writing and signed by us.

10.5 Relationship of the Parties

Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between you and us. You are an independent contractor and are solely responsible for the payment of all taxes and other statutory obligations associated with your use of our services.

10.6 Survival

The rights and obligations contained in this Agreement that, by their nature, should survive termination or expiration, shall survive termination or expiration of this Agreement, including but not limited to Sections such as Disclaimers and Limitations of Liability, Indemnification, and Governing Law.